SoylentNews

mendax [soylentnews.org] writes:

The New York Times published today a story [nytimes.com] that, if successful, will put a dent in some of the secrecy involved in the government's snooping operations:

The software giant [Microsoft] is suing the Justice Department, challenging its frequent use of secrecy orders that prevent Microsoft from telling people when the government obtains a warrant to read their emails.

In its suit, filed Thursday morning in Federal District Court in Seattle, Microsoft’s home turf, the company asserts that the gag order statute in the Electronic Communications Privacy Act of 1986 — as employed today by federal prosecutors and the courts — is unconstitutional.

The statute, according to Microsoft, violates the Fourth Amendment right of its customers to know if the government searches or seizes their property, and it breaches the company’s First Amendment right to speak to its customers.

Microsoft’s suit, unlike Apple’s fight with the Federal Bureau of Investigation over access to a locked iPhone, is not attached to a single case. Instead, it is intended to challenge the legal process regarding secrecy orders.

The company is also trying to fuel a public debate about the frequent use of secrecy orders in government investigations and, in the process, portray itself as an advocate of its customers’ privacy. The suit itself could plod through the courts, with appeals going on for months or even years.

Good for Microsoft! They're doing something right for a change.

Original Submission